The Industrial Court has ruled that the 2020 dismissal of former Sanyu FM Chief Operations Officer, Betsy Mugamba, was lawful and justified, bringing to an end a five-year legal battle that stemmed from a staff strike over COVID-19 salary cuts.
Delivering judgment, Justice Anthony Wabwire Musana held that Sanyu FM had acted both procedurally and substantively within the law when terminating Mugamba’s 27-year employment.
Mugamba joined Sanyu FM in December 1993 as a marketing executive and rose through the ranks to become Chief Operations Officer in 2005. During the COVID-19 lockdown in 2020, the station announced a 25% salary cut to manage declining revenues.
On June 5, 2020, 27 employees, led by Mugamba, rejected the pay cuts and stopped working. Management later accused her of inciting and participating in an unlawful strike, which disrupted broadcasts and damaged the station’s reputation.
She was suspended on August 19, 2020, and after three disciplinary hearings held between August and September, was summarily dismissed on September 25, 2020.
Mugamba later sued Sanyu FM, claiming unfair and unlawful termination and seeking over Shs 792 million in compensation for lost income and emotional distress.
Through her lawyer Anthony Bazira of Byenkya, Kihika & Co. Advocates, she argued that she had not led a strike but merely signed a protest letter “in solidarity” with her colleagues. She said the salary cuts were imposed without consultation and that she continued to work during the lockdown.
Bazira further alleged that the disciplinary process was biased and irregular, saying Mugamba was not given adequate time to prepare her defence and was ambushed with vague charges.
Sanyu FM, represented by Elias Matovu and Shafic Mutesasira of Mugisa, Namutale & Advocates, maintained that the dismissal was lawful. They argued that as a senior manager, Mugamba had a duty to maintain operations but instead endorsed an illegal strike, amounting to gross misconduct and breach of trust.
An internal investigation, led by consultant Dr Joel Isabirye, found that the strike had caused “severe brand damage” and identified Mugamba as a key instigator.
The court found that Mugamba was given seven days’ notice, allowed to have legal representation, and permitted to cross-examine witnesses — fulfilling all requirements of a fair hearing under Section 65 of the Employment Act.
In its decision, the court ruled that the strike was unlawful, since Sanyu FM, classified as an essential service during the COVID-19 lockdown, had not issued the mandatory notice to the Labour Officer as required by the Labour Disputes (Arbitration and Settlement) Act.
Justice Musana stated that by signing the protest letter, Mugamba breached the trust and confidence expected of a senior manager.
“As a manager, the eyes and ears of management, she was expected to represent her employer’s interests. By endorsing an unlawful strike, she breached the duty of trust owed to her employer,” he said.
The court concluded that Sanyu FM had genuine and reasonable grounds for dismissal and that Mugamba was not entitled to compensation or damages.
However, each party was ordered to bear its own legal costs.
